How to Prove Surgical Errors in Illinois

Surgical errors occur when a surgeon, anesthesiologist, nurse, or other healthcare provider makes a preventable mistake before, during, or after surgery that causes harm to a patient. These mistakes can lead to devastating outcomes such as permanent injury, infection, or wrongful death.

To prove a surgical error case in Illinois, the patient (or their family) must show that the provider’s care fell below the accepted medical standard and that the error directly caused injury.

Below is a step-by-step guide to proving surgical error malpractice in Illinois:

Step 1: Establish the Provider-Patient Relationship

First, confirm that a professional relationship existed between you and the provider. This is usually documented through consent forms, pre-operative records, surgical logs, or hospital admission paperwork.

Step 2: Identify the Surgical Error

Surgical errors can take many forms. Identify the specific mistake that occurred:

• Wrong-site surgery

• Surgery on the wrong patient

• Retained surgical instruments (e.g., sponges or tools left inside the body)

• Anesthesia errors

• Unnecessary surgery

• Failure to monitor for complications after surgery

Step 3: Request All Surgical and Hospital Records

You’ll need:

• Pre-operative assessments

• Anesthesia logs

• Surgeon and nurse operative reports

• Post-operative instructions and monitoring notes

These documents help establish exactly what was done, who was involved, and whether protocols were followed.

Step 4: Secure an Expert Medical Opinion

In Illinois, you must submit an affidavit of merit with your lawsuit. This affidavit must:

• Be signed by a qualified surgical expert

• Confirm that a breach of the standard of care likely occurred

Step 5: Demonstrate a Breach of the Standard of Care

Using expert testimony, show that the provider failed to act as a reasonably skilled surgeon would under the same circumstances. For example, failing to confirm surgical site before an operation may clearly violate accepted safety protocols.

Step 6: Prove Causation

You must prove that the surgical mistake directly caused your injury. This step may require evidence that:

• Your condition worsened due to the mistake

• You suffered complications (e.g., infection, organ damage, nerve injury)

• Another provider would not have made the same error

Step 7: Document Your Injuries and Damages

Show the impact of the surgical error on your life:

• Additional medical procedures or corrective surgeries

• Long-term disability or chronic pain

• Emotional distress

• Lost income or earning potential

• Reduced quality of life

Step 8: File Within the Illinois Statute of Limitations

In many cases, the statute of limitations requires you under 735 ILCS 5/13-212 to file your claim within 2 years of discovering the malpractice.  However, there are exceptions--such as for minors and people with disabilities.  Each case is unique--so consult with an experienced trial lawyer immediately.

Step 9: Hire a Surgical Malpractice Attorney

Surgical error cases often involve hospitals, surgical teams, and multiple layers of care. At Hurley McKenna & Mertz, P.C., we coordinate with medical experts, surgical auditors, and forensic specialists to uncover the full extent of what went wrong.

Step 10: Schedule a Free Legal Consultation

If you believe you or a loved one were harmed by a preventable surgical error in Illinois, contact Hurley McKenna & Mertz, P.C. We’ll guide you through your legal options and fight to secure full and fair compensation.

Serving clients throughout Chicago, Cook County, and across the state of Illinois.